A deliberate decision by a sentencing judge not to comply with s 53A(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) by declining to specify indicative sentences for each offence when imposing an aggregate sentence constitutes a departure from what the law requires, rendering the sentence imposed otherwise than in accordance with law, notwithstanding that s 53A(5) provides that non-compliance does not invalidate the sentence. On Crown appeal re-sentencing, where non-parole periods are imminent, the Court may increase total terms while maintaining non-parole periods to avoid adverse impact on rehabilitation.
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